What the panel ordered
Petition for Reconsideration dismissed as premature; matter returned to Presiding WCJ for reassignment to treat petition as a petition to set aside the OACR of October 25, 2023.
Petition for Reconsideration filed by applicant seeking to rescind the Order Approving Compromise & Release (OACR) of October 25, 2023, dismissed as untimely or treated as a petition to set aside the OACR; matter returned to district office for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition to set aside the OACR was dismissed as premature because no testimony or evidence was taken at the status conference, so a complete record was not created for review.
From the decision · page 5While the WCJ held a status conference that the parties attended, no testimony was given and no exhibits were entered into evidence. Therefore, we cannot make a decision without giving the parties an opportunity to be heard and for a WCJ to create a complete record for our review. Accordingly, we will dismiss the Petition as premature, and return this matter to PWCJ for reassignment to a new WCJ to treat the Petition as a petition to set aside the OACR of October 25, 2023.